BY SAM ALFAN.
The High Court has quashed the appointment of Dr Charles Githinji as the chairperson of the Pharmacy and Poisons Board.
Justice Enock Mwita quashed Dr Githinji’s appointment as contained in the Kenya Gazette Notice No. 630 on 20 January 2023.
Justice Mwita ruled that the appointment was made contrary to the guiding principles of leadership and integrity, which require selection on the basis of personal integrity, competence and suitability.
Justice Mwita further declared that Dr. Githinji’s appointment violated the constitutional principles in article 232 of the constitution as read with section 10 of the Public Service (Values Principles) Act of high standards of professional ethics, fair competition and merit as the basis of appointments and promotions.
“The appointment violated article 232 as read with section 10 of Public Service (Values and Principles) Act. Dr. Githinji’s appointment was not open, transparent, and competitive and merit based, a contravention of articles 10 and 232 of the constitution,” Judge Mwita ruled.
The Judge agreed with lawyer Apollo Mboya that the appointment did not show that his integrity and suitability was above reproach.
“The decision of the court in Judicial Review Application No. 686 of 2009 did not clear the petitioner from the accusations he faced. The Board’s decision was set aside due to procedural impropriety and not the merit of that decision. The appointment failed the test in article 73(2) of the constitution,” said the judge.
Mboya challenged Dr Githinji’s appointment said he was convicted by the Kenya Medical Practitioners and Dentist Council (KMPDC) for alleged negligence and ordered to pay Sh27,000.
The lawyer said the medic was accused of gross negligence as a pharmacist, a move that contributed to the death of a patient.
Dr Githinji was allegedly accused of failing to take the history of the patient and which led to improper diagnosis and inappropriate prescription of Halfan and masquerading as a medical practitioner, engaged in diagnostic and curative services.
He adds that the decision of KMPDC was affirmed by the High Court in the judgment delivered on May 29, 2019, where Dr Githinji was slapped with general damages of Sh1.05 million.
Dr Githinji clarified that he is not a doctor or dentist but a registered pharmacist.
In response to the case, Dr Githinji maintained that he could not be subjected to disciplinary by Kenya Medical Practitioners and Dentists Board.
Dr Githinji said in response to the petition filed by lawyer Apollo Mboya that he challenged the decision by the board to fine him Sh27,000 for gross misconduct and for acting beyond his calling.
The board had slapped him with the fine following the death of a minor, after allegedly failing to take his medical history, leading to improper diagnosis and inappropriate prescription.